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2016-O-02 ORDINANCE NO. 2016-0-02 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2010-0-23 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY COMMERICAL TO CITY COMMERCIAL FOR 2.62± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 3290 S. RIDGEWOOD AVENUE AND 3300 S. RIDGEWOOD AVENUE (8412-02-12-OO10A AND 8412-02- 11-0060), EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, from time to time it becomes necessary to amend the City of Edgewater Comprehensive Plan, and WHEREAS, a Public Hearing on the question of designating a future land use classification of the property hereinafter described has been duly held in the City of Edgewater, Florida and at such hearing, interested parties and citizens for and/or against the proposed designation of the future land use classification was heard; and WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S. WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, held an advertised Public Hearing pursuant to 163.3164(30) & 163.3174(4)(a), Fla. Stat. (2012), on 1 Strike through passages are deleted. Underlined passages are added. #2016-0-02 Wednesday, January 13, 2016, on the proposed Plan Amendment; WHEREAS, the City Council feels it is in the best interests of the citizens of the City of Edgewater to amend its 2011 Comprehensive Plan as more particularly set forth hereinafter. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA: PART A. AMENDMENT. Article I, Section 21-04 of the City of Edgewater's Land Development Code, as amended and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be amended by this plan map amendment to: Amend the Official Future Land Use Map to include property as Commercial(2.62±acres)for property described in Exhibits"A" and "B". PART B. PUBLICATION. Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the manner prescribed by 163.3184(11),Fla. Stat. (2012). The City Council shall hold at least ONE (1) advertised Public Hearing on the proposed Comprehensive Plan Amendment. The publication shall appear at least FIVE (5) days before the second Public Hearing (Adoption Hearing). The advertisement shall be placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest and readership in the municipality, not one of limited subject matter, pursuant to Chapter 50 of the Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is published at least FIVE (5) days a week, unless the only newspaper in the municipality is published less than FIVE (5) days a week. The 2 Strip passages are deleted. Underlined passages are added. #2016-0-02 advertisement shall substantially be in the following form: Notice of Land Use Change The City of Edgewater proposes to adopt the following ordinance: ORDINANCE NO.2016-0-02 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2010-0-23 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY COMMERICAL TO CITY COMMERCIAL FOR 2.62± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 3290 S. RIDGEWOOD AVENUE AND 3300 S. RIDGEWOOD AVENUE (8412-02-12-OO10A AND 8412-02- 11-0060), EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY,THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. A public hearing(transmittal stage)on the ordinance changing the Future Land Use Map will be held on February 1, 2016 at 6:00 p.m. in Council Chambers, 104 N. Riverside Drive, Edgewater, Florida 32132. PART C. PUBLIC HEARINGS. As a condition precedent to the adoption of this ordinance amending the City's 2011 Comprehensive Plan, the City Council shall hold at least one advertised public hearing on the proposed comprehensive plan or plan amendment as follows: The first public hearing shall be 3 ugh passages are deleted. Underlined passages are added. #2016-0-02 held at the transmittal stage pursuant to subsection 163.3184 (11), Fla. Stat. (2012). The second public hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day that the advertisement is published. The Adoption Hearing shall be held within 180 days of the Department of Economic Opportunity having issued its Objections, Comments, and Recommendations Report to the City. PART D. TRANSMITTAL OF AMENDMENTS TO PLAN. Immediately following the Transmittal Hearing, the City Manager or his designee shall send ONE (1) paper copy and TWO (2) electronic copies of the proposed Plan Amendment to the Florida Department of Economic Opportunity, Division of Community Planning, and all other items specified to be transmitted in accordance with Chapter 163, Fla. Stat. (2012). The City Manager or his designee shall also, immediately following the Transmittal Hearing,transmit a copy of the proposed Plan Amendment to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District, (Water Management District), Florida Department of Transportation, Department of Environmental Protection and to any other unit of local government or governmental agency in the State that has filed a written request with the City of Edgewater for a copy of such plan amendment. Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the Florida Department of Economic Opportunity. The City Manager or his designee shall also transmit within TEN(10)working days a copy of the adopted Amendment to the Comprehensive Plan to the Volusia Growth Management Commission, Volusia County, 4 Stfilie4hreugh passages are deleted. Underlined passages are added. #2016-0-02 Regional Planning Council, the St. Johns River Water Management District (Water Management District), Florida Department of Transportation, and Department of Environmental Protection. PART E. CONFLICTING PROVISIONS. All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART F. EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PART G. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. 5 Strik gh passages are deleted. Underlined passages are added. #2016-0-02 PART H. ADOPTION. After Motion to approve by Councilwoman Bennington, with Second by Councilwoman Power, the vote on the first reading of this ordinance held on February 1, 2016,was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Dan Blazi X Councilman Gary T. Conroy X After Motion to approve by t Wcrc-c r ") with Second by C.CLAhri_LCPI , the vote on the second reading/public hearing of this ordinance held on E'a Y1.1J , 2016 was as follows: AYE NAY Mayor Mike Ignasiak -N'` Councilwoman Christine Power Councilwoman Gigi Bennington T Councilman Dan Blazi Councilman Gary T.Conroy N+ 6 Strike hreagh passages are deleted. Underlined passages are added. #2016-0-02 PASSED AND DULY ADOPTED this day of , 2016. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,F RIDA By: /1? � Jam` ^ . Robin Matusick Mike Ignasiak City Clerk/Paralegal Mayor For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this cmci legality by: Aaron R. Wolfe,Esquire day of jf -14•11:1364. , 2016 under City Attorney Agenda Item Doran, Sims, Wolfe &Ciocchetti 7 Strip passages are deleted. Underlined passages are added. #2016-0-02 EXHIBIT"A" LEGAL DESCRIPTION PARCEL 1: LOTS 1 THROUGH 7, INCLUSIVE, AND LOTS 15 THROUGH 18, INCLUSIVE, BLOCK "L", TOGETHER WITH THAT PORTION OF THE SOUTH OF MONROE STREET, LYING NORTHERLY OF, AND ADJACENT TO, SAID LOTS 1, 15 THROUGH 18, INCLUSIVE, BLOCK "L", BELLA VISTA SUBDIVISION, AS PER MAP THEREOF RECORDED IN MAP BOOK 10, PAGE 155, PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA. SAID BLOCK "L" AND MONROE STREET, NOW VACATED PER COUNTY RESOLUTION NO. 89-79 AS RECORDED IN OFFICIAL RECORDS BOOK 3289, PAGE 20, AND ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEASTERLY CORNER OF SAID LOT 5, BLOCK "L", SAID POINT OF BEGINNING ALSO BEING AT THE INTERSECTION OF THE WESTERLY R/W OF U.S. HIGHWAY NO. 1 AND THE NORTHERLY LINE OF MADISON STREET, AS SHOWN ON SAID BELLA VISTA SUBDIVISION; THENCE SOUTH 74°06'19" WEST ALONG THE NORTHERLY LINE OF SAID MADISON STREET, A DISTANCE OF 25.00 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID LINE A DISTANCE OF 200 FEET; THENCE NORTH 15°53'41" WEST A DISTANCE OF 125.00 FEET; THENCE SOUTH 74°06'19" WEST A DISTANCE OF 100.00 FEET; THENCE NORTH 15°53'41" WEST, A DISTANCE OF 155.00 FEET TO THE CENTERLINE OF SAID MONROE STREET, NOW VACATED, NORTH 74°06'19" EAST, ALONG SAID CENTERLINE A DISTANCE OF 325.00 FEET TO THE SOUTHWESTERLY R/W OF U.S. HIGHWAY NO. 1; THENCE SOUTH 15°53'41" EAST ALONG SAID R/W, A DISTANCE OF 255.00 FEET TO THE P.C. OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, AND A CENTRAL ANGLE OF 90°00'00"; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 39.27 FEET TO THE P.T. OF SAID CURVE AND TO THE POINT OF BEGINNING. PARCEL 2: LOTS 6, 7 AND 8, BLOCK "K", TOGETHER WITH THAT PORTION OF THE NORTH OF MONROE STREET, LYING SOUTHERLY OF, AND ADJACENT TO, SAID LOTS 6, 7 AND 8, BLOCK "K", BELLA VISTA,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN MAP BOOK 10, PAGE 155, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. SAID BLOCK "K", AND MONROE STREET,NOW VACATED, PER COUNTY RESOLUTION NO. 89-79, AS RECORDED IN OFFICIAL RECORDS 3289, PAGE 20, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF MADISON STREET WITH THE WEST LINE OF DIXIE HIGHWAY (U.S. HIGHWAY NO. 1), AS SHOWN ON THE AFOREMENTIONED PLAT OF BELLA VISTA; THENCE RUN NORTHERLY ALONG SAID WEST LINE OF DIXIE HIGHWAY (U.S. HIGHWAY NO. 1) FOR A DISTANCE OF 280.00 FEET TO THE CENTERLINE OF NOW VACATED MONROE STREET; THENCE RUN WESTERLY ALONG SAID CENTERLINE FOR A DISTANCE OF 125.00 FEET, FOR THE POINT OF BEGINNING; THENCE CONTINUE WESTERLY 8 Strike-through passages are deleted. Underlined passages are added. #2016-0-02 ALONG SAID CENTERLINE FOR A DISTANCE OF 150.00 FEET; THENCE RUN NORTHERLY AND AT A RIGHT ANGLE TO THE LAST DESCRIBED LINE FOR A DISTANCE OF 155.00 FEET; THENCE RUN EASTERLY AND AT A RIGHT ANGLE TO THE LAST DESCRIBED LINE FOR A DISTANCE OF 150.00 FEET; THENCE RUN SOUTHERLY AND AT A RIGHT ANGLE TO THE LAST DESCRIBED LINE FOR A DISTANCE OF 155.00 FEET TO THE POINT OF BEGINNING. 9 StfilEe4lifeugh passages are deleted. Underlined passages are added. #2016-0-02 ZO-0-9I0Z# •pappu aiE sanssed pau!inpun •pajapap aye sausszd Ononp a>INls 0I wawa Pea^i;© 1ai,,,;�wt ss • «S» 1fflIHX1 1 Cit}of ETA G WATER CERTIFICATION I, Robin L. Matusick, City Clerk/Paralegal of the City of Edgewater Florida, do hereby certify that the attached is a true and Correct Copy of the City of Edgewater's Ordinance Number 2016-0-02 as it appears in the public records of the City of Edgewater, Florida. IN WITNESS WHEREOF, I have set my hand and the seal of the City of Edgewater, Florida, on this 5th day of May, 2016. Robin L. Matusick City Clerk/Paralegal SEAL Office of the City Clerk P.O.Box 100•Edgewater,FL 32132-0100 (386)424-2400 Ext. 1101 •Fax(386)424-2410 www.citgo/fcigewater.arg